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(Guest)

Counter in interm application with out signature of litegant

Respected Gurus, 

 

Respected Gurus, 

In the interim application of the main op the respondent's counsel field the counter , that too with out the signature of the respodnent . 
the heading  of the counter in the IA says "  counter filed by the respondent "
but at last page no signature by the respodent , only advocate signatire is there at last page 
can it will be valid document/counter .

 

the surpring facts was we filed a rejoinder on this counter , stating this counter not valid 
as its not contains the signature of the respondent , even then judge has given a time 
for additional counter on the rejoinder, so if the primary counter is not a valid one , how can the 
respondent's counsel file a additional counter ???

its happening in Visakhapatnam family court 

 

Regards, 
Venkat 



Learning

 8 Replies

Sachin (N.A)     04 October 2016

I think when client sign a vakaltnama he/she gives the authority to do so. I have attached the format of vakalatnama with this.

Refer point 3 of vakalatnama

 

(3) To sign, file and present all pleadings, replications, rejoinders, appeals, cross-objections, petitjons, counter affidavits, objectiol!s, affidavits, applications, including applications for execution, restoration, withdrawal and compromise, or such other petitions or affidavits or other documents as may be deemed necessary or proper for the prosecution ofthe said case in all its stages. 


Attached File : 363811 20161004140432 325855305 vakalatnama.pdf downloaded: 100 times

(Guest)

Hi Sachin , 

No such VAKALATNAMA Filed , no permision from the court as well to present advocate on the behalf of the respondent . even its a lower/trail court not a high court , the application which you have sent its related to high court .anyways thanks a lot for your reply 

Thanks , 

Venkat .

 

 

Sachin (N.A)     04 October 2016

I have not gone through such situation but if vakalatnama has signed by the client then he/she need not to signed every reply or application else party should singn either vakaltnama or each appliction.

 


(Guest)

Dear Sachin , 

as far as my knowledge is concerned , you are totally wrong , A VAKALATNAMA is only for representing the case , that doesnt mean than you can involve everything on your own ...

dont misguide me , anyways thanks for your suggestion.

 

Sachin (N.A)     04 October 2016

First of all i dont have any intention to misguide you.

and if you are so confident why have you or your lawyer  not raised this point in court.?

What a person will do if he goes to other state before date of hearing and couldn't reach the court on date of hearing , Will his laywer not file exemption application for a single day ?

Basically i always appear in person in all my cases so don't know much about powers of lawyers.

 

Better do not post more queries on this platform to avoid being MISSGUIDED.


(Guest)

Dear Sachin , 

I am also appearing as a party-in-person ,  I have raised this point in the re joinder .

i am apprroaching lawyers club to clear my doubts ok , 

with out the singature of the litegant , how the document is authonticated .

Regards , 

Venkat 


(Guest)

Dear autohide4u

The other party in abroad and one more thing there is difference between court and market , 

you are like a half knowledge person , before you submit an application in the court you have to submit in a proper way , lets say you have submitted one application today in the court after one month you come to the court and sign on the document ??? this is what u try to convey ... how stupid u r ...if know give the suggestion ,,, or else shut your mouth ...

 

 

sai narayana   06 October 2016

Venkat bhai,

What you caught is technical objection and for technical objections justice can't be denied. For ex: Some times litigants don't stamp their petitions properly like MOVP cases, but the judge does not deny simply for not adhering to stamp rules and instead he write in judgment that this judgment becomes valid on paying the court fee.

So in your case, the judge done the right thing by giving them a chance to correct their technical mistakes if any.

You have a good reputation for reading other's mind but  sometimes you become furious abruptly if someone advises contrary to what you believe unnecessarily, which you can avoid.

And congratulations and best wishes for fighting your cases as party-in-person.


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